Top Case-Winning Strategies for International Arbitration Lawyers

1. Top Case-Winning Strategies for International Arbitration Lawyers International arbitration lawyers play a pivotal role in resolving cross-border disputes, and their expertise in international and local laws can make all the difference in the outcome of a case. International arbitration lawyers must not only be well-versed in international arbitration strategies but also stay up-to-date with UAE regulations. This includes Federal Law No. 6/2018 on Arbitration (UAE Arbitration Law), which significantly impact arbitration proceedings in the country. In this blog, we will delve into some important strategies employed by international arbitration lawyers. 1. Qualification of Arbitrators Under the UAE Arbitration Law, arbitrators must meet specific qualifications to ensure their competence and impartiality. International arbitration lawyers should not only be aware of these qualifications but also strategically select arbitrators who possess the necessary expertise to handle international disputes effectively. 2. Effective Case Assessment Before proceeding with arbitration, lawyers should precisely assess the case thoroughly, taking into account the specific provisions of the UAE Arbitration Law. This includes evaluating the legal capacity of the agreement, jurisdictional issues, the appointment of arbitrators, identifying potential risks, and devising a strategic plan for resolution. 3. Dispute Resolution Strategies: International arbitration lawyers must modify their dispute resolution strategies to align with UAE Arbitration law. Decisions like whether to opt for institutional or ad-hoc arbitration, selecting the seat of arbitration, and choosing between prominent arbitration institutions in the UAE such as Dubai International Arbitration Centre (DIAC), Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), require a thorough understanding of the rules and procedures of these arbitration centres. 4. Expert Witness Selection: The UAE Arbitration Law allows parties to appoint expert witnesses, but their qualifications and role must conform to the law's provisions. International arbitration lawyers should carefully select and prepare experts who meet these requirements and ensure they are well- prepared to provide valuable insights during the arbitration process. 5. Thorough Documentation and Evidence Gathering: In accordance with the UAE Arbitration Law, international arbitration lawyers should diligently collect and present evidence that complies with procedural requirements. This includes documents, witness statements, and expert reports. 6. Effective Presentation Skills: Arbitration hearings in the UAE require arbitration lawyers to possess strong advocacy skills. They must present their arguments convincingly and engage in cross- examinations that meet the rigorous standards set by the law. The submission of the statement of defence by the claimant or respondent should be convincing and precise. 7. Focus on Settlement: UAE Arbitration laws encourage parties to explore settlement as an option. Lawyers should engage in strategic settlement discussions, leveraging their knowledge of the UAE Arbitration Law to negotiate favourable terms when it is in their clients' best interest. Settlement can often be a more cost-effective and time-saving alternative to a full arbitration process. 8. Post-Award Enforcement: Even after issuing a favourable arbitral award, international arbitration lawyers should be well-versed in the UAE Arbitration Law's provisions on the recognition and enforcement of awards. This includes ensuring that the award is duly recognized and complied with, both within the UAE and abroad.

2. In conclusion, from arbitrator selection to evidence presentation, expert witness preparation, and compliance with UAE arbitration procedures, international arbitration lawyers employ a comprehensive approach to secure successful outcomes for their clients.